Cardozo Arts & Entertainment Law Journal
Abstract
The note addresses the tension between the Fourth Amendment protections against unreasonable searches and the border search exception, focusing on electronic devices. It argues that despite the border exception, which allows warrantless searches, electronic devices should be treated differently due to the vast personal data they contain. The author advocates for a uniform standard requiring probable cause for invasive searches of electronic devices at the border to balance privacy rights with national security concerns.
Disciplines
Communications Law | Criminal Law | Criminal Procedure | Entertainment, Arts, and Sports Law | Law | Law Enforcement and Corrections | Science and Technology Law
Recommended Citation
Daniel Farrell,
The Fourth Amendment at the Border,
39
Cardozo Arts & Ent. L.J.
1061
(2021).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol39/iss3/11
Included in
Communications Law Commons, Criminal Law Commons, Criminal Procedure Commons, Entertainment, Arts, and Sports Law Commons, Law Enforcement and Corrections Commons, Science and Technology Law Commons